On intimidation

Specialist Lawyers in Criminal Threats in Spain

Spanish Criminal Code

On intimidation

Article 169

Whoever threatens another with causing him, his family or other persons with whom he is intimately related harm consisting of felonies of unlawful killing, bodily harm, abortion, against liberty, torture and against moral integrity, sexual freedom, privacy, honour, property and the social economic order, shall be punished:

1. With a sentence of imprisonment from one to five years, if he has made the threat demanding a sum or imposing any other condition, even though not unlawful, and the offender has achieved what he intended. If not achieved, a sentence of imprisonment of six months to three years shall be handed down.

The penalties stated in the preceding Section shall be imposed in the upper half if the intimidation is made in writing, by telephone or by any means of communication or reproduction, or on behalf of real or supposed entities or groups.

2. With a sentence of imprisonment of six months to two years, when the intimidation has not been conditional.

Article 170

1. Should the intimidation be of a harm which constitutes a felony is intended to cause fear among the inhabitants of a location, ethnic, cultural or religious group, or a social or professional group, or any other group of persons, and if serious enough for such harm to be inflicted, the respective higher degree of penalties than those foreseen in the preceding Article shall be imposed.

2. A sentence of imprisonment from six months to two years shall be applied to those who, for the same purpose and severity, publicly call for violent actions to be committed by armed gangs, organisations or terrorist groups.

Specialist Lawyers in Criminal Threats | On intimidation

Article 171

1. Threats of harm that does not constitute a felony shall be punished with a prison sentence from three months to a year or fine from six to twenty- four months, in view of the severity and circumstances of the facts, when the intimidation is conditional and the condition does not consist in a conduct that is due. Should the offender have achieved his purpose, the upper half of the punishment shall be applied.

2. Should any person demand any other sum or compensation under the threat of disclosing or broadcasting facts concerning his private life or family relations that are not publicly known and that may affect his reputation, credit or interest, he shall be punished with a sentence of imprisonment from two to four years, if he has obtained delivery of all or part of what has been demanded, and from four months to two years, should this not be achieved.

3. Should the act described in the preceding Section consist of a threat to reveal or report that a felony has been committed, the Public Prosecutor may, in order to facilitate punishment of the intimidation, abstain from accusing the person threatened with disclosure of the latter offence, except if punishable with a prison sentence exceeding two years. In the latter case, the Judge or Court of Law may lower the punishment by one or two degrees.

4. Whoever lightly intimidates his wife or former wife, or woman with whom he has been bound by a similar emotional relation even without cohabitation, shall be punished with a sentence of imprisonment of six months to one year or community service from thirty- one to eighty days and, in all cases, deprivation of the right to own and carry weapons from a year and a day to three years, as well as, when the Judge or Court of Law sees it fit in the interest of the minor or incapacitated person, special barring from exercise of parental rights, guardianship, care, safekeeping or fostership for up to five years.

The same punishment shall be imposed on whoever lightly intimidates an especially vulnerable person who lives with the offender.

5. Whoever lightly intimidates any of the persons referred to in Article 173.2 with weapons or other dangerous instruments, except those stated in the preceding Section of this Article, shall be punished with a sentence of imprisonment from three months to a year or community service of thirty- one to eighty days and, in all cases, deprivation of the right to own and carry weapons from one to three years, as well as, when the Judge or Court of Law sees it fit in the interest of the minor or incapacitated person, special barring from exercise of parental rights, guardianship, care, safekeeping or fostership for a term of six months to three years.

The penalties foreseen in Sections 4 and 5, in the upper half, shall be applied when the offence is committed in the presence of minors, or when it takes place in the common dwelling or in the dwelling of the victim, or is perpetrated in breach of a punishment of those set forth in Article 48 of this Code or an precautionary or security measure of the same kind.

6. Notwithstanding what is set forth in Sections 4 and 5, the Judge or Court of Law, may, giving the reasons in the judgement, in view of the offender’s personal circumstances and those arising in the perpetration of the act, handing down a punishment one degree lower.